GUILFORD COUNTY SCHOOLS

[Pages:38]GUILFORD COUNTY SCHOOLS SCHOOL NUTRITION SERVICES

501 W. WASHINGTON ST. GREENSBORO, NC 27401

INVITATION FOR BIDS #6029

DATE ISSUED: MAY 04, 2018

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ITEMS:

FROZEN DAIRY PRODUCTS AND FREEZERS

TYPE OF CONTRACT:

ANNUAL ? FIRM PRICE FOR BID PERIOD

PERIOD:

AUGUST 01, 2018 THROUGH JULY 31, 2019

DEADLINE FOR SUBMITTING QUESTIONS:

DATE: TIME: CONTACT:

TUESDAY MAY 15, 2018 11:00 A.M. LINDA MARSHBURN PHONE: (336) 370-3254

BID OPENING:

WEDNESDAY MAY 23, 2018 at 3:00 P.M. GUILFORD COUNTY SCHOOLS PURCHASING DEPARTMENT 501 W. WASHINGTON ST. GREENSBORO, NC 27401

MAIL SEALED BIDS TO:

GUILFORD COUNTY SCHOOLS BID NUMBER 6029 ATTN: JOE FARRAR, PURCHASING 501 W. WASHINGTON ST. GREENSBORO, NC 27401 PHONE (336) 370-3236

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CONTRACT SECTION I - GENERAL BID AND CONTRACT REQUIREMENTS

A. INSTRUCTIONS

1. BID OPENING

Sealed bids must be received in the Guilford County Schools Purchasing Office at: Guilford County Schools, 501 W. Washington St., Greensboro, NC 27401 by the date and hour specified in the Invitation for Bids. Bids must be received in a sealed envelope. Faxed or emailed bids cannot be accepted. The bids will be publicly opened and read by the designated representative of the school system in room 100 at 501 W. Washington St. Greensboro, NC 27401.

2. CORRECTIONS OF MISTAKES ON THE BID FORMS

Erasures or the use of typewriter correction fluid on bid forms is not acceptable and may result in the rejection of the bid. Prior to submission or openings, errors may be crossed out, corrections entered, and initialed by the person signing the bid. No bids shall be altered or amended after the specified time for opening.

3. QUANTITIES

It shall be understood by all parties concerned that any contract established as a result of this invitation will not obligate the school system to receive any quantity in excess of actual requirements. While the quantities shown are classified as estimates for bidding purposes, they do result from actual historic tabulations. School system authorities will make a reasonable effort to fully utilize projected supplies of formula items which may not have a market elsewhere. Distributors are asked to bid and deliver all items listed, as well as items which may be added later.

4. DESCRIPTIONS AND SAMPLES

Descriptions are included as a part of the bid to insure all parties an equal opportunity. School Nutrition personnel may evaluate specified products to insure that the items meet bid descriptions.

If a bidder wishes to submit an alternate for a specific product requested, bidders must contact the School Nutrition Business Manager 7 days prior to the bid opening and provide a sample if requested for evaluation and approval. Samples can be paid for by the SFA. Acceptance of a product other than that specified will be determined ultimately by the School Nutrition Business Manager.

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5. BID INFORMATION

Bidders are required to complete all columns of the bid form.

A. Pack - The number and size of the units in each case.

B. Decimals- Any mathematical calculation that involves decimals shall be carried only two decimal places. Round up on case quantities if quantity is changed due to pack/size change.

C. Unit Price - The cost of the unit specified bid net cost only. Deduct all discounts, trade and terms. Delivery costs, and all taxes, except North Carolina Sales Tax on taxable items, are to be included in the item case price. However, bid items for which North Carolina Sales Tax will be charged should be noted if applicable.

D. Prices- Bid prices will remain firm for the duration of the contract and during any subsequent extension years.

6. REVIEW AND AWARD OF BIDS

A. After the public opening of bids, the Guilford County School System may require up to 7 days for review of bids prior to award. It is important for bidders to understand that the reason for the review of bids, line by line, is to assess the fairness of the bid to suppliers and the school system alike. A supplier must show suitable evidence for acceptance of any item challenged upon review and assessment.

B. Any proposal, which in the opinion of the school system violates the integrity or fairness of a bid, may be rejected in total. Guilford County Schools reserve the right to reject any or all bids, in whole or in part, and to waive technicalities whenever it is deemed to be in the best interest of the school system.

C. All bids shall be subject to verification for accuracy of mathematical extensions and additions. If the errors are on math are within the tolerances described in the Request for Bid, the bottom line will be adjusted; and if the bid is still low, the bid disclosure procedures will continue.

D. Mathematical Accuracy of the Bid Offered ? If the mathematical calculations on less than 90% of the items are correct, the Guilford County Schools may elect to reject the bid. The following items will be classified as mathematical calculations:

a. Any error in a line item in conversion, addition, or multiplication which results in an incorrect extension will be counted as one error.

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b. Any error in addition to arrive at the bottom line will be counted as follows: each 1% change in the bottom line will count as one error.

E. It is the intent of the Guilford County Schools to award bid items to the distributor who best meets the needs of Guilford County School Nutrition Services in regards to cost per serving, quality of products and past service record. A single award will be made to cover the bid requirements.

F. In the event of identical low bids, School Nutrition reserves the right to select the successful bidder. The successful vendor will be notified in writing of the bid award.

7. PROTEST PROCEDURE

Protests of awards exceeding $10,000 in value must be submitted to the Guilford County Schools within 10 calendar days from the date of the bid opening. Vendor must supply specific reasons and any supporting documentation for the protest.

8. EXCLUSIVITY

The school system agrees to use the designated contract distributor(s) as an exclusive source for the various items and services listed herein as well as for comparable substitutes. The only anticipated exceptions might be in time of emergency. The designated distributor(s) reciprocally agrees to provide items awarded to the company thereby minimizing occurrences when a school system may have to seek other interim product resources.

9. LINES OF COMMUNICATION

A. Orders will be placed weekly by electronic submission. The School Nutrition Office may place or change orders by telephone, email or fax. A company contact person with responsibility for the Guilford County Schools' account must be available Monday-Friday 7:00am-4:00pm, except, during school holidays to accept phone orders, changes, deletions, and to handle emergency needs. Calls or emails should be returned the same business day or at least within 24 hours.

B. As far as practical, all communications between school system officials and distributor(s) shall be in writing. Each shall designate a representative to deal with day-to-day logistical matters of the program. Matters of policy are to be dealt with by the School Nutrition Business Manager and a company official at a management level.

10. REPORTS

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Utilization reports shall be issued to the Guilford County Schools upon request. Utilization reports shall be submitted for total quantity delivered per item in terms of bid units per school and a combined district total. Reports should also be submitted for dollar amount purchased by school and district upon request. Reports shall be submitted within 10 calendar days upon request. Payments for the month prior to the due dates for the reports may be withheld at the discretion of Guilford County School officials until reports are received.

11. DELIVERIES

A. Most schools operate on a ten (10) months per year calendar. A few schools operate on a different calendar that may require deliveries other than the regular calendar dates. Orders will be placed the week before delivery by electronic submission.

B. A minimum of every other week deliveries shall be made between the hours of 6:30 a.m. and 2:00 p.m. for elementary schools and 7:00am to 2:30pm for middle and high schools. Delivery schedules shall be submitted to school district within thirty (30) days upon award of the bid for prior approval and shall remain constant for the school year. When holidays or closing days fall on a scheduled delivery day, deliveries shall be made in accordance with a schedule negotiated by the parties involved. All Guilford County Schools calendars can be found on the district's website: .

C. Vendor must coordinate ice cream deliveries with managers prior to holidays and the end of the school year to minimize ice cream shortages or unused ice cream. Vendor shall issue credit for unused frozen dairy products if it was purchased within the last thirty (30) days.

D. Drivers shall deliver product into areas designated by the School Nutrition manager or designee. Drivers are to rotate current inventory before loading new deliveries.

E. Product deliveries which deviate from the established delivery schedule and which are not requested nor receipted by authorized school nutrition personnel will be considered donations to the School Nutrition Department. Deliveries that are delayed due to truck mechanical problems, traffic problems or product shortages should be notified to the School Nutrition Office as soon as possible.

F. Drivers shall request the authorized school receiver to verify the accuracy of items, quantities of each item, total quantities, and the condition of merchandise.

G. Each delivery ticket shall be receipted (signed) by a school nutrition staff member. Variations from the norm, i.e., shortages, damages, etc., will be handled in a manner negotiated with the successful

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bidder(s) at the Post-Bid Conference. Two copies of a legible, accurate delivery invoice must be left with each delivery.

H. Special or intermediate deliveries will be required only if a vendor fails to deliver product on a regularly scheduled delivery, in which case the contractor shall make delivery as requested by the School Nutrition Business Manager or in case loss of power that causes the inventory of ice cream to spoil.

I. Drivers shall issue credit for ice cream that is spoiled due to the malfunction of the vendor owned freezer.

J. Orders that need to be cancelled, due to emergency, school closings, (such as inclement weather), may be cancelled with less than (1) one day notice.

12. OUT OF STOCK/SUBSTITUTIONS

Each vendor shall provide the School Nutrition Office not later than 10:00A.M on the day before delivery, a list of all items that are temporarily OUT OF STOCK and will not be delivered. School Nutrition Services shall give every consideration for unavoidable delays and errors.

In the event that a substitution acceptable to the Business Manager cannot be made, the Business Manager may procure the item from another source, and hold the vendor responsible for any excess cost, occasioned thereby. Consistent out of stock will be grounds for termination.

Vendors must deliver the products specified in their bid unless a substitution is approved by School Nutrition Services.

No back orders shall be accepted without pre-approval from the School Nutrition office.

13. PAYMENTS

Separate computer generated invoices and credits must be supplied for each school at the time of delivery. It is the desire of the school system that items on all invoices print out in the school system's numerical sequence.

Specific invoicing requirements shall be negotiated with the successful bidder at the Post-Bid Conference. Guilford County School Nutrition Services will pay (signed) invoices upon receipt. Invoices are paid by the invoice numbers. Invoicing will be created by the vendor using unique, sequential numbering patterns for a minimum of one fiscal year, but ideally for the length of the contract terms. Duplicate invoice numbering systems will not be permissible sources of acceptable documentation of services rendered and

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may lead to termination of the contract. The awarded vendor must demonstrate that the invoicing system creates unique numerical sequences prior to the contract start period.

Fiscal Funding: If the effective dates of this contract extend beyond June 30 of the current fiscal year, it shall be understood that purchases in the next fiscal year are conditional on the receipt of federal, state or local funds. In the event of the discontinuance or a decrease in federal, state or local funds, the Guilford County Schools reserves the right to change the item identifications, decrease the quantities and/or delete items.

14. EXTENSIONS

This contract may be extended for a period not to exceed four years in total, upon mutual agreement of both parties. There shall be no changes in the terms of the contract during the extension period. The total period of the contract including extensions shall not exceed 60 months, one year at a time.

15. END OF CONTRACT The current vendor shall have 30 days to remove all vendor ice cream boxes from schools after the last day of school.

16. TERMINATION OF CONTRACT

Failure on the part of the school system, or the contractor, to comply with the provisions of this contract may result in termination with 30 days written notice.

Each party shall follow the procedure outlined below, if a contract is to be terminated:

Step 1. Issue warning letter and outline violations and length of time to correct the problem. Step 2. Issue letter of Intent to cancel contract, if problem is not resolved by a given date.

Step 3. Issue letter to cancel contract.

17. BREACH OF CONTRACT

The vendor shall be charged 25% of the total contract award for breach of contract. Parties to contract must perform as specified in contract unless: A. Parties agree to change in terms or B. Actions of party who deviate from terms of contract are implicitly accepted

(ratified by action or non-action of other party). The contractor shall not be liable for any excess costs if failure to perform the contract arises out of causes beyond the control and without the fault or negligence or the

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contractor. Such causes may include, but are not restricted to acts of God or public enemy, acts of Government in either it sovereign or contractual capacity, fires, floods, epidemics, quarantine, restrictions, strikes freight embargoes and unusually severe weather but in every case the failure to perform must be beyond the control and without the fault or negligence of the contractor.

B. BIDDER QUALIFICATIONS

Before any bid can be accepted, a bidder must be deemed qualified, in the judgment of school officials, to perform as required herein. A bid may be rejected if a bidder fails to meet any one of the following qualifications:

1. PRODUCT LINE

Product is frozen mini beaded ice cream, sherbet or yogurt that meet USDA Smart Snacks guidelines.

It must be evident to school officials that a bidder is capable of delivering promptly all items on the bid list and acquiring, on short notice, any peripheral items that might be required.

This bid requires the use of vendor owned freezers at no additional charge. The cost of the frozen dairy products must cover any rental charges. Boxes are to be chest style freezers with lock and casters. The box size should average 24" depth, 34" height and 28" length. Power requirement 120 volts, not to exceed 5 amps. Freezer should maintain approximately -40 degrees F.

The vendor is to maintain the box in good working order and do any necessary repairs or replace the box in a timely manner (five business days). Product lost due to the vendor's ice cream box malfunctioning shall be credited by the vendor.

The number of freezers requested for 2018-19 school year is 43 (includes one back up freezer per school) but is subject to change if schools start or discontinue selling product. Boxes must be delivered prior to the start of the school year and first product delivery. Failure to do so could result in termination of contract. The ability to meet this deadline may be used a factor in awarding the bid.

The vendor shall provide appropriate signage for each school to show product selection.

2. CAPACITY A bidder must clearly demonstrate to school officials that he has the capacity, physically and financially, to supply items to the school system in economical quantities as required.

The vendor awarded the contract shall maintain ass necessary insurance for

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